Criminal sanctions against the “Custodians”: What the Circular of the Prosecutor of the Supreme Court states

By Ioanna Mandrou

The need for an effective reaction of the entire legal order is underlined in a circular by the Prosecutor of the Supreme Court, Vassilios Pliotas, regarding the self-proclaimed “Guardians of the Constitution” who violate the law and move illegally.

To this end, the Prosecutor of the Supreme Court instructs the prosecutors of the whole country to be constantly vigilant to deal with the illegal action of the self-proclaimed “Guardians” and to immediately initiate any legal proceedings by prosecuting them for crimes or offenses.

The prosecutor’s circular strongly condemns the actions of these groups and their arguments for the abolition of the constitution due to a pandemic.

The circular of the Prosecutor of the Supreme Court in detail.

“On the occasion of the crisis from the COVID-19 coronavirus pandemic and the measures that have been taken and continue to be adopted to deal with it by the state and its coordinated bodies, recently, criminal behaviors were manifested that in some cases involved the use of force. There have been no recent reports of self-proclaimed “guardians of the Constitution”, “prostitutes”, etc. To justify any criminal behavior they invoke the provision of the last article 120 § 4 of the Constitution, according to which: “The observance of the Constitution is left to the patriotism of the Greeks, who are entitled and are obliged to resist by any means against anyone attempting to do so atre with violence “. In the spirit of extreme irrationality and invoking the above provision, they themselves declare themselves guardians of the Constitution, claiming that (allegedly) the Constitution has been catalyzed by the measures taken to deal with the pandemic and that they are now legitimized at home. , to intervene. In fact, by their actions they violate the coordinated legal order. They appropriate the jurisdiction of the courts to rule on the legality of individual provisions and measures. And they underestimate, without any delay, the historical payment of the right of resistance. In fact, some of them do not hesitate to send, in writing, relevant “statements”, “orders of order” to Prosecutors, police authorities and public officials, “declaring their views”. In the same climate, whether they or other groups and individuals, such as those opposed to vaccination or intubation of patients and those possessed by deliberately distorted religious views or conspiracy theories, or populist and nationalist propaganda moods and inventions, doctors or intervene in the treatment of severely ill patients with COVID-19 coronavirus disease, leading them even to death. Finally, individuals acting individually or as members of groups approach those who have custody or actual care of minors in order for the latter to omit the obligation to register or supervise the attendance of minors under the age of 16.

Already, the locally competent Prosecutors of the Court of First Instance, as well as the competent investigating officers have dealt with similar, similar or similar cases arising from the aforementioned activities, as defined in the Code of Criminal Procedure, while still investigating the criminal proceedings.

The mere invocation by them of article 120 of the Constitution, in the attempt to give “support” and to embellish their unprecedented criminal behavior, is irrational and of course does not absolve them of any responsibility, because it is obvious that it has not been catalyzed by violence. the Constitution of Greece due to the measures against the pandemic, which, with the contribution of the scientific medical community, were proposed by the Government of the country, voted by the Greek Parliament and implemented by the competent public officials, as the Constitution defines the function of its coordinated bodies state. Reputable constitutionalists have expressed themselves in this regard, and the relevant judicial review of laws and administrative acts, following appeals through the recognized procedural mechanisms, has resulted in the decision that the measures (compulsory vaccination of health and EMAK employees, suspension of non-employment vaccinated, etc.) are in accordance (not contrary) to the Constitution and in particular to its fundamental rules, such as the principles of the obligation of solidarity (article 25 par. 4 Coll.) and proportionality (article 25 par. 1 Coll.), they are based on scientific findings.

In the context of the functioning of our democratic state, it is imperative that the rule of law be vigilant and react immediately and effectively when crimes of the Penal Code are committed, even in a climate of irrationality (gradually widening and yet not marginal) and especially when the perpetrators act in them indeed as enemies of the Constitution. For this reason, we ask that special attention be paid by the Prosecutors of the Court of First Instance of the territory, who must be vigilant and informed in advance about such incidents of illegal violence and generally criminal action manifested by the “custodians of the Constitution” prostitutes ”or other like-minded people, in the district of their Prosecutor’s Office, and then to send clear and specific instructions to the police investigators for the conduct of the“ police ”pre-investigation CPC regarding the immediate prosecution of criminals caught on the spot, the initiation of criminal proceedings, the application of the procedure of Articles 417 et seq. The investigative actions will be automatically extended, if the necessary procedural conditions are met and the investigation of any undercover or cleverly instigated major criminal offenses of criminal behavior and illegal pursuits.

The use of Criminal Procedure, which is an “Applied Constitutional Law”, is the appropriate and effective reaction of the legal order against phenomena that are directed against the protection of public health, fall within the sanctioning scope of criminal laws and brutally insult the article. 120. “

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